Rule 3349-1-210 | Retrenchment.
(A) Purpose
The purpose of this policy is to establish the circumstance of and process for retrenchment. It is the policy of the university to avoid retrenchment whenever feasible by such measures as leaving unfilled positions vacant, reducing the use of part-time and temporary appointments, transferring faculty to other departments, and encouraging early retirement. If such actions are inadequate to address the university's needs as a whole or those of its programs or activities, it would be necessary to terminate the appointments of non-tenured or tenured faculty members in accordance with this policy.
(B) Scope
This policy applies to all full-time and part-time tenured, tenure track, and non-tenure track salaried faculty.
(C) Definitions
"Retrenchment" refers to a process by which NEOMED would reduce programs or activities, resulting in a temporary suspension or permanent separation of employment of one or more members of the faculty.
(D) Policy statement
(1) Circumstances in which retrenchment would be pursued in order to reduce or eliminate certain faculty positions would include:
(a) A reduction in student enrollment that is significant and expected to remain over a period of more than two years;
(b) A change to institutional missions or programs that requires the reduction, elimination, or realignment of certain programs or activities; or
(c) Fiscal pressures due to declining funding in either the expected state, federal, or tuition support provided to support programs or activities.
(2) Procedures for retrenchment
(a) The president, in consultation with the board of trustees, provost and the dean of the college in which the retrenchment is to occur ("the dean"), has the sole authority to initiate retrenchment.
(b) After exploring all other reasonable alternative measures and deciding that retrenchment is in the best interests of the university, the president shall establish a faculty retrenchment plan committee ("the committee") to develop a plan for implementing the retrenchment. The committee shall consist of both tenured and non-tenured members of the faculty. The committee shall have either three or five members based on the anticipated scope of the retrenchment. The committee shall include one non-voting observer-member appointed by university faculty council (UFC) from the faculty of the department or college (other than the one undergoing retrenchment). administrative members may be appointed as needed for specific purposes designated by the president (e.g., staff from human resources, faculty relations, or the office of the general counsel).
(c) The committee shall develop a retrenchment plan pursuant to the timeline established by the president. The retrenchment plan shall take into consideration the following internal and external factors:
(i) The department or college's programmatic needs;
(ii) The department or college's budgetary factors;
(iii) The department or college's budgetary factors;
(iv) The nexus of the program or activity to the mission of the college and the university;
(v) The academic strength and quality of the program or activity in the region, the state, and the nation; and
(vi) Any other relevant factors identified by the board of trustees, president, provost or dean.
(3) The retrenchment plan
(a) The retrenchment plan shall include all of the following:
(i) A schedule of when programs or activities will be discontinued and the administrative needs associated with their discontinuation;
(ii) A list of affected faculty, with a designation as to whether they will be reassigned, furloughed, or involuntarily separated, with prioritization and consideration given to faculty rank, seniority, and expertise in teaching and research;
(iii) A schedule for issuing notices of reassignment, furlough, or involuntary separation to affected faculty. The university's notice of termination policy does not apply to involuntary separations due to retrenchment;
(iv) A prioritization for returning faculty who were involuntary separated as future faculty openings for which they are qualified occur within their area of expertise in teaching and research; and
(v) Any additional matters requested by the president.
(b) The retrenchment plan shall be submitted to the provost for review and comment. The provost will submit the retrenchment plan to the president within business days of receipt.
(c) The president may adopt, reject, or modify the retrenchment plan in consultation with the provost and dean. The president has the discretion and final authority to determine the contents and implementation timeline of the retrenchment plan, other than the thirty day notice to affected faculty.
(d) If the conditions under which the retrenchment plan was created no longer exist by the time it is delivered to the president, the retrenchment plan shall not take effect.
(4) Faculty appeals
(a) Faculty who are involuntarily separated from the university may appeal the retrenchment plan to the retrenchment plan appeals committee ("the appeals committee"). The appeals committee will consist of the provost, three tenured faculty members (none of whom served on the committee) and a faculty member appointed by UFC. The provost shall only vote in the case of tie. Appeals from involuntarily separated faculty must be received no later than ten business days after receipt of the notice of involuntary separation, and shall be limited to the following grounds:
(i) Procedural error in the notice of involuntary separation;
(ii) Error in or deviation from the implementation schedule contained in the retrenchment plan; or
(iii) Involuntary separation that was otherwise unlawful.
(b) The appeals committee shall hold a hearing no less than thirty calendar days after receipt of the faculty member's appeal, at which time the faculty member can present witnesses and documents in support of their appeal.
(c) The appeals committee shall issue a written decision within ten business days of the hearing.
(5) To ensure the best interests of the university are well served through the retrenchment process, members of the committee are expected to exercise the highest degree of confidentiality while developing the retrenchment plan. Any breach of confidentiality by members of the committee will be considered a violation of the faculty code of conduct.
Last updated December 19, 2025 at 8:00 AM
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